Where will arbitration be conducted for Dryject disputes?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
- (c) Arbitration shall be conducted in the city and state where We maintain Our principal place of business (or, if there is no AAA office in that city, at the location of the AAA office nearest to Our principal place of business, which is currently Hatboro, Pennsylvania).
The award of the Arbitrator shall be final and judgment upon the award rendered in Arbitration may be entered in any court having jurisdiction thereof.
The costs and expenses of Arbitration, including compensation and expenses of the Arbitrator, shall be borne by the non-prevailing party.
- DryJect Franchise Agreement 53 (d) Any party to this Agreement may bring an action, including a summary or expedited proceeding to compel Arbitration of any such dispute or controversy, in a court of competent jurisdiction in the state and judicial district where We maintain Our principal place of business and, further, may seek provisional or ancillary remedies including temporary or injunctive relief in connection with such dispute or controversy, without providing or posting any bond or security regardless of any legal requirements to do so, provided that the dispute or controversy is ultimately
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, arbitration proceedings will be conducted in the city and state where Dryject maintains its principal place of business. If there is no American Arbitration Association (AAA) office in that city, the arbitration will take place at the location of the AAA office nearest to Dryject's principal place of business, which is currently Hatboro, Pennsylvania. This means that a Dryject franchisee, regardless of their location, may be required to travel to Hatboro, Pennsylvania, or a nearby location to resolve disputes through arbitration.
This requirement could create a financial burden for franchisees who live far from Pennsylvania, as they would need to cover travel and accommodation expenses to attend the arbitration hearings. It is also important to note that the arbitrator selected must have been actively engaged in the practice of law for at least ten years and possess franchise law experience, and will be selected in accordance with AAA Rules. The arbitrator is expected to apply the Federal Rules of Civil Procedure and the Federal Rules of Evidence to the extent possible while still maintaining a streamlined administrative procedure.
The laws of the Commonwealth of Pennsylvania will govern the construction and interpretation of the Dryject Franchise Agreement during arbitration. The arbitrator's award is considered final, and judgment upon the award can be entered in any court with jurisdiction. The non-prevailing party in the arbitration is responsible for covering the costs and expenses of the arbitration, including the arbitrator's compensation and expenses.
Dryject retains the right to seek provisional or ancillary remedies, including temporary or injunctive relief, in a court of competent jurisdiction in the state and judicial district where they maintain their principal place of business, without needing to provide any bond or security. However, the dispute must ultimately be resolved through binding arbitration as per the agreement's terms. Franchisees should be aware of these conditions and consider the potential costs and logistical challenges associated with arbitrating disputes in Pennsylvania.